Revolutionary War Pension and Bounty Land Warrant Application File S. 30,399, Joel Elmore, Conn.

SERVICE
NUMBER
Conn.
Elmore, Joel
S. 30,399
CONTENTS
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2 5

15.642
Massachusetts
Forl Elmore
of Berkshire in the State of Mass who was a private in the Company commanded by Captain Barry of the Regt commanded by _____ in Connec line for Conn private
Ind
Inscribed on the Roll of Massach at the rate of 20 Dollars _____ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of Aug 1833 and sent to W. Bishop of Han
Arrears to the 4th of Mar 1833 $40.00 Semi-ann. allowance ending 4 Sept 10.00
$50.00
Revolutionary Claim As June 7, 1831
Recorded by Book E
Vol. 2 Page 17 Clerk
76 Berkshire

Joel Elmore Sandisfield Mass Applicata for Pinson
23009

Commonwealth of Massachusetts.
County of Berkshire, ss.
ON this seventh — day of August A. D. 1832. personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of the Court of Probate, within and for said County of Berkshire, now sitting, Isaac Elmore a resident of the town of Sandisfield in the County of Berkshire and Commonwealth of Massachusetts, aged seventy four years, who being first duly sworn according to law, doth, on his oath, make the following declaration in order to obtain the benefit of the act of Congress, passed June 7. 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. That in March in Seventeen hundred Seventy four at Windsor in Connecticut where he then resided he volunteered in the Company of Captain Hovey's Persons of Enfield Connecticut Troops for the term of two months and marched in said Company to Bristol Rhode Island and served in said Company for said term of two months when said Company was discharged at said Bristol — and afterwards in 1778 in September or October at said Windsor when he then resided he was drafted in the Company of Militia of Connecticut Troops Commanded by Captain Sedgwick of Bolton and marched in said Company to New London and then served for the term of two months when said Company was discharged at said New London — and afterwards in 1779 at said Windsor when he then resided he enlisted for two months in the Company of Captain Barker and marched in said Company from said Windsor to Fishkill in the State of New York and then joined the Army and marched to Red Hook where he then took sick and remained at said Red Hook for several weeks until after the aforesaid Company was discharged — he has no documentary evidence of his services and knows of no person whose testimony in person or otherwise who can testify except the officers hereunto annexed

Interrogatories proposed to the Applicant by the Court
1 st Where and in what year were you born?
Answer: I was born in Windsor in the State of Connecticut. 1758.
2 nd Where were you living when called into Service; when have you lived since the Revolutionary War and when do you now live?
Answer: I lived at Windsor in the State of Connecticut at the time I entered the Service in the Revolutionary War as stated in my application, and continued to reside at said Windsor until about thirty eight years since I then removed to Sandisfield aforesaid where I have resided since and now reside.
3 rd Have you any record of your age; and if so, where is it? Answer - I have a record of my age kept by my father which has also been transferred to my family Bible.
4 th How were you called into Service; were you drafted, did you volunteer or were you a substitute? And if a substitute, for whom?
Answer: I was drafted and volunteered as stated in my application -
5 th State the names of some of the regular officers who were with the troops when you served: such continental and militia Regiments as you can recollect; and the general circumstances of your Service?
6 th Did you ever receive a discharge from the Service, and, if so by whom was it given, and what has become of it?
Answer - I never have received a written discharge to my recollection but was discharged with the several companies at the several times.
7 th State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity and their belief of your Service as a soldier of the Revolution?
Answer - Rev Levi White and Erastus Beach Esq.

He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State -
John Emory
Sworn to, and subscribed, the day and year aforesaid.
W.P. Walker J. Probate
We Levi White a Clergyman, residing in the Town of Sandisfield aforesaid and Erastus Beach hereby certify, that we are well acquainted with Isaac Elmore who has subscribed and sworn to the above declaration; that we believe him to be seventy four years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion. And we further certify that the said Isaac Elmore is a person of truth and veracity.
Sworn and subscribed, the day and year aforesaid.
Levi White. Erastus Beach
W.P. Walker J. Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories, prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states And the Court further certifies, that it appears to them that Levi White who signed the preceding certificate is a Clergyman, resident in the town of Sandisfield in the County of Berkshire and Commonwealth of Massachusetts and that Erastus Beach who has also signed the same, is a resident in the town of Sandisfield in the County of Berkshire and Commonwealth of Massachusetts and is a credible person, and that their statement is entitled to credit.
W.P. Walker J. Probate
I, HENRY W. BISHOP, Register of the Court of Probate within and for the County of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Isaac Elmore for a pension.
In testimony whereof, I have hereunto set my hand and seal of office said Court of Probate, this fifteenth day of August , year of our Lord, one thousand eight hundred and thirty two -
Henry W. Bishop - Register of Probate.

230.69 Joel Almore Mass
Private 6 months Adm'd
H. W. Bishop Berkshire Mass

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Joel Elmore  Berkshire Mass
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol 1777 — 2 — Capt Prison None — Bristol 74 years   draf 1778 " 2 — — Stedman None — R Island Connecticut   " 1779 " 2 " — Barber None — New Lond — Traditional evidence   — 2 Witness   Fishkill   New York   Red Bank  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops. Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832..
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [a] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

30399 Rev  INVALID.
File No. 30399
Joel Elmore Rev Rev
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 124
[Arrangement of 1870.]

I John Phelps of Colbrook in the County of Litchfield & State of Connecticut do hereby certify & say that in the Month of September or October A.D. 1777 being at Red Hook on the North River, I then & there saw Joel Elmore, who was at that time attached to and serving in the army as a private, Saltonstall's Regt. And I further say that I was well acquainted with the said Elmore before the Revolution and have been since up to this time. —
John Phelps
State of Connecticut } Litchfield County. } ss.
On this 8 th day of September A.D. 1832. Personally appeared John Phelps above named and made oath to the truth of the facts contained in the above deposition before me. —
Arthur H. Hall Justice of Peace
This may certify that I am acquainted with John Phelps the signer, and who has sworn to the facts contained in the above deposition, and that he is a man of truth and veracity.
Arthur H. Hall Justice of Peace

I Frederick Wolcott Clerk of the County Court for the County of Litchfield in the State of Connecticut certify that Arthur Hovey Esq. was on the 8 th day of September 1832 & that he now is a Justice of the Peace for said County, & hath a right by law to ad- minister Oaths, & that the signatures to the within certificates which purport to be his are, as I verily believe genuine & his proper hand writing.
In testimony whereof I hereunto set my hand & affix the Seal of said Court at Litchfield in said County this eleventh day of January A. D. 1833.
Frederick Wolcott, Clerk.
Miss Fanny Page

State of Connecticut County of Berkshire ss
I Elizabeth Hubbert of Sandisfield in the County of Berkshire aforesaid aged seventy nine years do testify and say that in March seventeen hundred & seventy seven Joel Elmore an applicant for a pension under the act of Congress passed June 7 th 1832 who in March 1777 resided in Windsor in the State of Connecticut and now resides in Sandisfield aforesaid enlisted in the Company commanded by Captain Stephen Parsons at Windsor for the term of three months & in said month of March 1777 the said Joel Elmore marched in said Company commanded by Stephen Parsons to Bristol in the State of Rhode Island & continued to serve at Bristol until the month of May 1777 when he was discharged at Bristol with said Company & marched with said Joel Elmore in said Company commanded by Stephen Parsons to Bristol and served with him during the time aforesaid
Elizabeth Hubbert
Sworn and subscribed
This fifth day of September 1832
Before me Jabez B. North Judge of the Peace
I Jabez B. North a justice of the Peace in & for the County of Berkshire do hereby certify that I am well acquainted with Elizabeth Hubbert who has subscribed & sworn to the above affidavit & that he is a person of truth and veracity.
Jabez B. North Judge of the Peace

Commonwealth of Massachusetts. Berkshire, ss. I, Henry W. Bishop, Register of the Court of Probate in and for said County, do hereby certify that Abner Bosworth Elgin, before whom the annexed deposition was taken is one of the Justices of the Peace within and for said County duly and regularly appointed, and that I am well acquainted with his handwriting and have no doubt that the signature annexed to said deposition is genuine.
In Testimony whereof, I have hereunto set my hand and affixed the seal of said Court this thirty first day of January A.D. 1833. Henry W. Bishop Reg t Prob.